- 97 - petitioner was reacting to extreme economic distress. Petitioner was on the verge of bankruptcy caused by an agricultural recession and large debt. To remain in business, petitioner needed to reduce its interest expense. Petitioner’s primary creditor, the Wichita Bank, required that it sell assets to reduce its debt load. Petitioner sold its Terra stock because it was the only asset that could be sold quickly to raise substantial cash but it structured the sale to retain a call on the crude oil produced by Terra. We cannot find that this transaction merely enhanced the overall profitability of the cooperative and was merely incidental to petitioner’s cooperative operation. In our view, the sale of Terra was necessary for petitioner’s continued operation, and, thus, it was directly related to petitioner’s cooperative enterprise and actually facilitated the accomplishment of those activities. Disposition of Stock of Seaway and Mex-Am We also find that the losses petitioner realized on the disposition of its capital stock in Seaway and Mex-Am constitute patronage losses. As with Terra, respondent mischaracterizes the business relationship between petitioner and both Seaway and Mex-Am. Petitioner acquired its interests in Seaway and Mex-Am in an effort toPage: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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